THREE:On the 20th of May Fox moved for a Grand Committee on courts of justice, to inquire into some late decisions of the courts in cases of libel. Thomas Erskine, the eloquent advocate, had lately, in the case of the Dean of St. Asaph, delivered a most brilliant and effective speech on the right of juries to decide both on fact and on law in such cases, the duty of the judge being only to explain the law. Fox adopted this doctrine of Erskine, and framed his speech in the most glowing terms. He complained, however, that such was not the practice of the courts, and he particularly animadverted on the custom and the doctrine of Lord Mansfield on this subject. He observed that in murder, in felony, in high treason, and in every other criminal indictment, it was the admitted province of the jury to decide both on law and fact. The practice in the case of libel was an anomaly, and clearly ought not to be so. He said that the doctrine which he recommended was no innovation; it had been asserted by John Lilburne, who, when prosecuted for a libel under the Commonwealth, declared that the jury were the real judges, and the judges themselves mere cyphers, so far as the verdict was concerned; and Lilburne had been acquitted, in spite of the judge and of the influence of Cromwell. He reviewed the doctrines of the Stuarts regarding libel, and observed that these could not be wrong then and right now. He contended that the late practice had been a serious inroad on the liberty of the press, and noted the case of the printer of the Morning Herald, who had been tried for merely commenting strongly on the sending of an armament to Nootka Sound, and on the conduct of Parliament in granting supplies for this purpose. He had been condemned to a year's imprisonment and to stand in the pillory. Pitt observed that he had always, since he had had a place in the Ministry, condemned the use of the pillory, and that there could be no difficulty in remitting that part of the sentence in this particular case. He supported Fox's view of the law, and recommended him to bring in two short Bills, instead of going into committee on the subject. Fox followed this advice, and brought in two Billsone to remove doubts respecting the rights and functions of juries in criminal cases; and the other to amend the Act of the 9th of Queen Anne for rendering the proceedings upon writs of Mandamus and informations in the nature of a Quo Warranto more speedy and effectual. The first Bill passed the Commons on the 2nd of June, but was thrown out in the Lords, through the influence of Chancellor Thurlow, who had never forgiven Pitt his contempt of his conduct on the Regency question during the king's malady. This defeated the object of Fox during this Session, but it was carried in the next, and Lord Thurlow's opposition lost him his position. The Great Seal was put into commission.
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TWO:These things did not pass without remark by the Opposition. Pulteney and Bolingbroke discussed them with much vigour and acrimony in The Craftsman. It was asserted in the House that the public burthens had increased instead of diminished since 1716; but Walpole contended that there had been a reduction of debt to the amount of two million five hundred thousand pounds; and his statement was supported by a large majority, and it was laid before the king. The Opposition then demanded an explanation of the expenditure of two hundred and fifty thousand pounds for secret service money. It was well understood that Walpole had used the greater part of it in buying up that triumphant majority which enabled him to carry the most[59] obnoxious measures. The demands of the Opposition were so vehement, and the abuse was so glaring, that even Walpole was embarrassed how to get rid of the question. He could only recur to the old plea, that the money had been spent on services highly advantageous to the State, but which could not properly be made public. Suddenly events lifted him out of his difficulty. News arrived that the King of Spain, who declined to ratify the preliminaries of peace entered into at Vienna, on hearing of the death of George I., hoping for a revolution, had now given way, and had issued what was called the Act of Pardo, ratifying the preliminaries, and referring all remaining difficulties to be settled at a congress to be held at Soissons.
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TWO:The first steamboat that was worked for hire in Britain was the Comet, a small vessel with an engine of three horse-power. Two years later the Elizabeth, of eight horse-power, and the Clyde, of fourteen horse-power, were placed upon the river Clyde. Thus Scotland has had the honour of leading the way in this great line of improvement. In 1820 there were but three steam-vessels built and registered in England, four in Scotland, and one in Ireland. In 1826 there were fifty in England, and twenty-two in Scotland, with 9,000 tons burden. The building of steamers proceeded regularly, with an increasing amount of tonnage, till the number rose in 1849 to 1,296 steam-vessels, the aggregate burden of which was 177,310 tons. They were distributed as follows:In the ports of England, 865 vessels, 103,154 tons; Scotland, 166 vessels, 29,206 tons; Ireland, 111 vessels, 26,369 tons; the Channel Islands, 7 vessels, 955 tons; the colonies, 147 vessels, 17,626 tons. A Committee of the House of Commons was appointed in June, 1837, to inquire into the best means of establishing communication by steam with India by way of the Red Sea. During the year arrangements were made for the establishment of a regular monthly steam communication between Great Britain and India by way of the Red Sea upon the following basis:"The Government undertakes the transmission of the monthly mails between Great Britain and Alexandria at the sole charge of the public; and the East India Company undertakes the transmission of these[422] mails between Alexandria and Bombay, upon condition that one-half of the expense incurred in the purchase and navigation of steam-vessels, and of any other expense incurred in the service, is defrayed by the Government, which is to receive the whole money connected with postage of letters between London and Bombay." This arrangement was carried out, and a further economy of time was obtained by the overland route to Marseilles, instead of transmitting the mails by steam-packets from Falmouth through the Strait of Gibraltar. In this way the journey was shortened to the extent of more than 1,000 miles, the direct distance by Marseilles and Malta being 5,238 miles, and by way of Falmouth, 6,310 miles. This system of conveyance was maintained till 1841, when the Government entered into a contract with the Peninsular and Oriental Steam Navigation Company, which undertook to employ powerful steam-vessels for the carrying of letters and passengers between England and Egypt, and between Suez, Ceylon, Madras, and Calcutta, towards the expenses of which the East India Company undertook to contribute 20,000 per annum for five years. After some time there was a further extension of the plan, by which the Government engaged to contribute 50,000 per annum towards the expense of the line of steam-packets between Bombay and Suez, 115,000 per annum for the service between Calcutta and Suez, and 45,000 for the service between Ceylon and Hong Kong, making a total of 210,000 per annum, of which one-third was to be repaid by the East India Company. By these arrangements was obtained a regular and safe steam communication twice a month to India, and once a month to China. We may judge of the extent of the intercourse thus carried on by the fact that in 1836 Great Britain received from Calcutta, Madras, Bombay, and Ceylon about 180,000 letters, and sent to those places in the same year nearly 112,000 letters.
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ONE:Such are the elements which constituted the nucleus of that great nation which has been growing up under the British sceptre in North America. The French and Roman Catholic portions of the community could be most easily excited to disaffection against their Protestant governors, and in 1834 the irritation of the popular mind, supposed to be chiefly the work of the clergy, had risen to such a height that the Home Government thought it prudent to recall the Governor, Lord Aylmer, supposing his administration to be the cause of it. Sir Robert Peel appointed Lord Amherst as his successor. In one respect he was not the best that could be selected; for though his antecedents and experience were sufficient to warrant the appointment, the name must have been obnoxious to the priests and people of Lower Canada, as it was by the arms of his uncle, whose title he inherited, that the province had been wrested from France. He had been at one time ambassador to China, and subsequently Governor-General of India. He had, however, no opportunity of testing his administrative abilities in this new field, for after the fall of Peel the Melbourne Government determined on associating him with two Commissioners. Lord Melbourne thereupon sent out the Earl of Gosford as Governor, with a Board of Commissioners, of which he was chairman, to inquire into the grievances by which the colony was agitated. The Government having refused to sanction a Bill that had been brought into the Lower House of Assembly for the purpose of rendering the Upper House elective, the Lower House had recourse to the extreme proceeding of stopping the supplies. The salaries of all the public servants ceased to be paid, in consequence of which the Colonial Secretary authorised the Governor to advance 31,000 from the military chest to meet the emergency. The Governor having required time to consider the answer he should give in these circumstances, the Opposition members all withdrew; and they were so numerous that they did not leave a quorum to carry on the public business.
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TWO:During the Session, however, a Bill was passed sanctioning the establishment of a company which had been formed several years before, for trading to the new settlement of Sierra Leone, on the coast of Africa. In 1787 this settlement was begun by philanthropists, to show that colonial productions could be obtained without the labour of slaves, and to introduce civilisation into that continent through the means of commerce carried on by educated blacks. In that year four hundred and seventy negroes, then living in a state of destitution in London, were removed to it. In 1790 their number was increased by one thousand one hundred and ninety-eight other negroes from Nova Scotia, who could not flourish in so severe a climate. Ten years after the introduction of the blacks from Nova Scotia, five hundred and fifty maroons were brought from Jamaica, and in 1819 a black regiment, disbanded in the West Indies, was added. The capability of this settlement for the production of cotton, coffee, sugar, etc., was fully demonstrated; but no spot could have been selected more fatal to the health of Europeans. It is a region of deep-sunk rivers and morasses, which, in that sultry climate, are pregnant with death to the white man.
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